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Home»Document Library»Exploring the Intersection between Human Rights and Conflict

Exploring the Intersection between Human Rights and Conflict

Library
J Mertus, J Helsing
2006

Summary

What is the relationship between human rights and conflict? This book, edited by the American University, brings together a range of views from authors in different fields to analyse the complexities and dynamics of how the two are connected. Human rights, humanitarian law and conflict resolution approaches prioritise individual human dignity, humane conduct in war and the promotion of peace respectively. Whilst sometimes these different priorities compete and tradeoffs are necessary, the book considers ways that they can also complement one another.

Violent conflicts grow out of the quest for self-determination, demands for fair access to resources and resistance to discrimination. Human rights abuses create cycles of dehumanisation based on fear. The denial of human rights can engender and intensify conflict and so can the demand for those same rights. The state’s inability to protect basic human rights and provide mechanisms for the civil resolution of conflict may prompt groups to use force in pressing their demands.

There are three main schools of thought on the relationship between human rights and conflict. The human rights approach stresses the importance of exposing the truth about governmental abuses and bringing an end to injustices. The conflict resolution perspective focuses on resolving, managing, preventing or transforming violent conflict through mediation, negotiation or use of force. The humanitarian law approach is concerned with the conduct of war and the protection of civilians during armed conflict.

Viewed from these different angles, several important connections emerge in the relationship between human rights and conflict.

  • If human rights abuses and injustice are buried, conflict resolution and reconciliation will be undermined.
  • Truth and reconciliation commissions enable divided societies to reunite more easily than courts.
  • Refugees can destabilise a region by upsetting social balances and changing economic and demographic distributions and thereby precipitating new human rights abuses.
  • Efforts to ensure effective human rights protections during the peace process may run counter to the conflict resolution strategy. Human rights can become a tool between groups competing for political power.
  • Neutrality may not always be possible in delivering humanitarian relief and protecting human rights.

The different approaches share a commitment to maximising human dignity and minimising civilian harm. The challenge is to integrate their perspectives in a way that best responds to the nature of conflict.

  • For human rights and conflict resolution to complement each other, it is important not to focus solely on respect for human rights while ignoring the need to end violent conflict.
  • Human rights must be combined with efforts to produce a more productive economy and a more legitimate and effective government.
  • Donors need to help develop the capacity of local institutions and governments to provide and deliver humanitarian relief and protect human rights.
  • While force can be an effective means of preventing genocide, restraint should be exercised in using armed force to respond to humanitarian crises. It is dangerous for powerful states to act unilaterally.
  • The international community can help build civil society institutions, develop justice mechanisms and fund human rights education. It must understand the unique circumstances of each conflict.

Source

Mertus, J. A., and J. Helsing, 2006, 'Introduction: Exploring the Intersection between Human Rights and Conflict', in Idem (eds), Human Rights and Conflict: Exploring the Links between Human Rights, Conflict, and Peacebuilding, USIP Press, Washington

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